Earth First! Journal-Brigid 95

Earth First! Journal

The Radical Environmental Journal
Brigid 1995


A Lot of Bad News From Idaho

by Erik Ryberg, McCall ID

My friends, there is some big trouble in Idaho, and we need to think of something fast.

First, the injunction preventing logging and roadbuilding in Cove/Mallard was lifted in early December. There is one other lawsuit which may delay things another year, if it is successful. If it is not, the Freddies will be constructing roads and logging next summer in Cove/Mallard, and it will be very grim.

Next there are the salvage sales being spawned from last year's "devastating wildfires" here. One of these, the "Thunderbolt Wildfire Recovery Project" proposes to log 18 million board-feet of burned up lodgepole sticks in the Caton Lake Roadless Area of the Boise and Payette National Forests. This gruesome and repugnant plan proposes to pay for so-called fisheries improvements with the proceeds from the Freddy plan to scrape all the trees off the steep and fragile hillsides of the South fork of the Salmon River.

Normally I would use the word "extortion" to describe such a plan; after all it asks us to approve a logging project in order to rehabilitate the primary chinook spawning habitat in Idaho. But extortion implies that you get something in exchange for something else you want, even though you don't have much choice in making the exchange. This plan is different. This plan doesn't give us anything we might want. The celebrated "watershed improvements" are really just road improvements: resurfacing, paving, new culverts--all of it needed to accommodate new log truck traffic. They plan to turn the helicopter landings into new parking lots for recreationalists.

Third, there is the "Boise River Wildfire Recovery Project." Doesn't that sound nice? Isn't it nice the Freddies at last are going to recover something, instead of destroying it? Well, let me tell you what they intend to "recover"--275 million board-feet of timber from four separate, adjacent roadless areas--by logging them.

Pour yourself a tall glass of whisky, or radiator fluid, and ponder that for a moment: 275 million-board feet is nearly four times the size of Cove/Mallard.

John McCarthy, "Conversation Director" of the Idaho Conservation League (ICL), told the press that ICL favors an alternative proposal which only calls for the logging of 225 million board feet. Such are conservationists in these parts.

Bear in mind these two sales are only the first of many which will come out of last year's fires. I promise cheerfully to report on future sales as they proceed.

In other news, the Freddies have come up with an exciting new idea to turn the Frank Churh- River of No Return Wilderness (the nation's biggest outside Alaska) into a "single administrative unit." That means they'll turn it into its own forest, with its own supervisors, its own district rangers, and everything. Environmental groups are falling all over themselves in a rush to congratulate the Freddies on their new recognition of the importance of wilderness. But do not be fooled; there is just one reason the Freddies are doing this, and it involves "management." A flyer put out to explain the proposal identifies six objectives of this plan. They are going to "manage ecological values," "manage exotic weeds," "manage fish habitat," "manage fire," "manage wildlife populations," and "manage mining claims." The Freddies are currently dividing up the wilderness into "management areas" and plan to have the whole thing completed by December 1995.

Finally, I must put in a few words about chinook salmon. Just 800 of these wonderful creatures made it back to Idaho last summer. This fish is on a straight nose-dive and will be extinct very soon. Our new governor, Phil Batt, is doing his best to put the skids on the proposal to drawdown the reservoirs in the Columbia River dams to help the fish in their migration to the Pacific Ocean. Now I am not a big fan of drawdowns, personally. Like all clear thinking, reasonable people, I favor immediate obliteration of every dam in the Columbia River Basin, and to hell with people's toaster ovens and hairdryers, and my computer. But drawdowns are something. Batt just appointed two raving lunatics, a public affairs officer from Potlatch (enormous logging company) and a minion of Republican Sen. Larry Craig, to the Northwest Power Planning Council. The council makes decisions regarding operations of dams in the Columbia River Basin. The entire bunch vocally oppose drawdowns, as well as outright dam obliteration, and calls for more study.

The Snake River chinook will go extinct in my lifetime, and Idaho's leadership can't see cause to budge even a little from our wasteful size of Cove/Mallard will be undertaken next summer just outside Boise, and they're being called "Recovery Projects." The River of No Return is being carved up and eyeballed by a bunch of hell-bent logging enthusiasts known as Freddies. And it is now a felony in Idaho to invite someone to come and engage in a protest designed to thwart a logging operation.

It's getting very bad. We must hurry. We must think of something. We must find a way to be worthy of this earth, to be worthy of our home, and to be worthy of a fish like the chinook salmon, who like no other creature understands struggle and understands home..




ESA Takes a Licking

by Craig Beneville

The Endangered Species Act is being kicked, thrown down, dragged through the mud and sized up for a pair of concrete socks. And this is all before it comes up for reauthorization, scheduled for this year before a Congress savagely hostile to retaining a shred of our nation's natural heritage. Disapointingly, the corporate environmentalist response to these threats has been capitulation and defensive posturing.

On December 21 the US Fish and Wildlife Service (FWS) announced a mass of "administrative rule changes," ostensibly designed to "ensure consistency in administration of the [ESA]." An examination of the new rules reveals, however, a back-door attempt to reign in enforcement of the act and make it more "user friendly" to those who are no friend to endangered plants and critters.

The proposed changes, issued in the form of guidelines, range from weakening Section 7 regulations, which require federal agencies to consult with the FWS when their actions will affect a listed species, to new rules making it more difficult for citizens to petition to have species listed.

The FWS also issued new guidelines for dealing with Habitat Conservation Plans (HCP's) under section 10(a) of the act. The FWS uses HCP's to license private landowners to destroy endangered wildlife. If a private landowner has an endangered species "problem," they can apply for an "incidental take permit," which allows the landowner to destroy habitat as long as a plan has been approved to conserve the species. The obvious problem is that nearly all species are endangered due do habitat destruction. HCP's, which regularly allow 50-75 percent of an endangered species existing habitat to be destroyed, are clearly and absurd way to maintain a species, much less see it recover as the ESA mandates (For example, the HCP for the Coachella Valley fringe-toed lizard allowed for an incredible 89 percent of its extant habitat to be developed).

Incorporated into the new guidelines is Babbitt's "no surprises" policy, announced last fall. No surprises states that once a landowner has implemented an HCP, no futher conservation measures will be requested. Period. Even if new scientific information reveals that the plan is wholly inadequate. Not surprisingly, HCP plans are designed by developer-paid consultants.

The FWS promulgates such administrative changes unilaterally. The only restriction is that the changes may not be contrary to the intent of the act as indicated by its legislative history. The Biodiversity Legal Foundation, arguing with crystal clear logic that decreased protection for critically imperiled species is outside the intent of the act, has filed a sixty-day notice of intent to sue on the new regulations. Phone your local FWS for a copy of the proposed guidelines; the comment period ends February 21.

The proposed administrative changes are considered a foreshadowing of the Clinton Administration's vision of the ESA. That future, as Babbitt proposes it, lies in ecosystem-based, cooperative plans such as California's Natural Communities Conservation Planning (NCCP) process. As stated in its founding legislation, NCCP seeks to provide the "regional protection... of natural wildlife diversity, while allowing compatible development and growth."

NCCP can be loosely compared to the HCP model, the major distinction being that NCCP deals with entire ecosystems, rather than individual species. The theory is that by protecting the entire ecosystem, ESA listings can be avoided, thus avoiding the "economic train wrecks" that listings supposedly represent. Further, the NCCP process relies on what is euphemistically termed a "cooperative" approach, meaning that it is completely voluntary, with no agreements binding participating developers.

While certainly a quaint idea, the reality of NCCP is grim indeed. The most advanced plan so far, which deals with central Orange County, shows a reserve that incorporates only forty-six percent of the area's existing sage scrub. A six-lane tollroad and numerous development blocks (of the 10,000+ unit variety) futher destroy any semblance of a coherent, scientifically based reserve design. But it gets worse--as outlined in Babbitt's no surprises policy, no further conservation measures will be asked of participating landowners. The reserve design, although supposedly based on the needs of the ecosystem, instead preserves habitat only around the California gnatcatcher, the federally listed species that is the regulatory nexus of the program. The rest of the hundred-plus endangered species found in the sage scrub are left with no recourse for protection--and a shoddy reserve design to depend on for survival.

The truly pernicious aspect of the NCCP program, however, is the dangerous precedent the plan sets. The NCCP places decision making authority into the hands of local governments, with FWS relegated to an advisory role. This probably needs no saying, but trusting developer- controlled governments to make wise decisions seems a little foolish.

Word from those intimately involved with the NCCP program is that the Clinton Administration is rushing to complete the NCCP program in southern California, in order to hold it up as a success story. The developer-inspired NCCP, while vociferously opposed by many local enviros as unworkable, is being hailed by the national environmental groups as visionary. In the words of one local biologist, praising the NCCP is like "eviscerating a body and holding up its heart as healthy for transplant."

Of course, in the face of Gingrich and Co., its easy to see why the administration's plans are palatable to the national groups. On the one hand, the Contract on America would undermine environmental legislation through unfunded mandates, regulatory takings, etc.

On the other hand are the extremist extractionists, who seek a radical reworking if not a total overthrow of the ESA and other environmental regulations. Take Rep. Don Young (R-Alaska), the new chairman of the Natural Resources Committee, which will oversee the reauthorization of the ESA. Don wants to return the ESA to its original intent, which, in his words was "[to try] to protect, you know, pigeons and things like that. We never thought about mussels and ferns and flowers and all these... subspecies of squirrels and birds." Part of his proposal calls for increased scientific review, which sounds fine until he lets on that this review would be from the private sector (i.e. industrial fiat).

So what has been the nationals' response to the Republicrat threat? A massive media campaign to expose the threats? A passionate defense of the natural world? No. After all this time, after Option 9, after grazing reform collapse, after no mining reform, the nationals still are playing the defensive game. The National Wildlife Federation is openly endorsing a regional HCP approach (a la NCCP). When asked about its support of a method that has never resulted in the recovery of a species, a model that has, in fact, brought many of the species it was intended to protect to the brink of oblivion, a NWF staffer replied "we know the HCP model has its problems, but were going with it"

"It is a matter of political reality," the beltway bureaucrat went on. "HCPs are the best we can hope for given the present political climate."

The Endangered Species Act Coalition, which claims grassroots representation but whose steering committee is composed entirely of corporate environmentalists, similarly has stated that it will not even introduce ESA legislation. Instead, it will focus on defending the failed status quo.

The present scene has some strange parallels to previous reauthorization battles. In 1982, when the ESA was last up for reauthorization, the building industry--with the brilliant legal representation Robert Thornton and Lindell Marsh--pushed through the Section 10(a) amendments which legislated the HCP process. The legislation was based on the prototypical San Bruno Mountain HCP. (The San Bruno HCP, designed to protect the mission blue and San Bruno elfin butterflies, is leading the ill-fated lepidoptera toward oblivion because promised mitigation has never materialized, and the plan itself was based on unsound science.) The nationals' excuse for capitulation at the time: the hostile political climate of the Reagan revolution.

The present year sees Newt and company providing the nationals' view of political reality. The prototype is now the NCCP, and the cast of players is amazingly consistent with those of 1982. Thornton and Marsh are, once again, the prime architects, both having been instrumental in securing the language used in the plan. (Thornton is also lead attorney for the Transportation Corridor Agencies, in charge of building Orange county's nefarious tollroads, and the Irvine Co. Both would be adversely affected by viable habitat protection measures.) The above-mentioned proposed HCP guidelines are taken almost verbatim from testimony Marsh provided a Senate Committee hearing on the ESA in July 1994.

It looks like the best we can hope for is that reauthorization will be put off for a third straight year. Once again self-imposed limitations have replaced any sense of moral obligation, and we spiral toward the ecoholocaust.

So things really haven't changed, only now the ravaged land is in a condition more desperate, having seen twelve more years under the industrial boot. Ironically, despite the proclamations of the nationals, polling data shows a strong consensus in favor of wildlife protection; in fact, public opinion is far more progressive than corporate environmental policy.

At a luncheon Babbitt appeared at last year to promote the NCCP program, I had a conversation with one Jim Whalen of the Alliance for Habitat Conservation, a building-industry front group. I asked Whalen why enviros should support NCCP since it was not adhering to its scientific guidelines. His reply was as instructive as it was frank. "Craig, this is not about science, its about politics. The building industry is going to fight for every acre it can get." Thinking about it later, I couldn't help but wonder if the reason the environmental movement seemed to be faring so badly was not just funding or access or power. Perhaps it had something to do with attitude. Maybe Boise-Cascade wants logs more than we want trees. Maybe the Irvine Co. wants suburbs more than we want gnatcatchers.

The cliche image of Earth First!'s role in the environmental movement is that of moderating the image of the national groups, so that their positions will be more politically palatable. The time for that role has passed; this late in the game there is no more room for moderation, for compromise, by the nationals. The legislation of extinction may be politically expedient, but it will never be moral. It is time to regain the high ground, and ultimately the only ethical position is one that advocates a complete flourishing of all life. Anything else is tragedy.

What you can do:

1) Get involved in the ESA/HCP Network. Call (909) 338-5856 or write the Spirit of the Sage Council at PO Box 77027-102, Pasadena, CA 91107.
2) Write the nationals and your Congressional Reps and encourage them to take an uncompromising stand in defense of the "real world." Ask your Rep. to demand that Bruce Babbitt resign, for failure to enforce the ESA.




Activists Blockade Yukon Highway

by David Barbarash

On January 11, Friends of the Wolf (FOW) shut down the Alaska Highway outside Whitehorse in the Yukon Territories. They erected a barricade using a junker car and 50-gallon barrels set ablaze in the middle of the road. In the first major action of this year's campaign, the group sent a strong message to the Yukon Territorial Government: Stop the aerial wolf kill!

Planning for the action began several days earlier when an abandoned car was donated to the campaign. The FOW snow-removal team dug the old Toyota our of its frigid home, where it had lived motionless for the past 18 years. Amazingly, three of the four tires held air when inflated! Activists acquired four 50-gallon drums, chiseled their lids off and punched vent holes through the sides; while others created the banners and signs.

At noon on the day of the action, the A Team prepared the car for towing and filled the drums with wood, diesel gas, and other nasty petroleum products. While towing the car to the site, a passing motorist waved them over, pointing out that a tire on the car was flat and the rim was sparking on the highway. The group had some moments of concern and debate since there was a lot of diesel in the back of the truck, however, they decided to move forward.

The A Team passed a highway rest area at 1:55 pm, 5 minutes from action time, and the B Team moved out behind them. The A Team pulled over onto the shoulder across from a weigh station to unhook the car while B Team dropped off flaggers with "Stop the Wolf Kill" signs to reroute traffic and pass out flyers.

Once the car was unhooked, it was pushed into the middle of the highway. Two weigh station officials came and advised the group that they would cause an accident if they didn't get the car out of the way. Activists thanked them for their concern and proceeded on. The officials soon realized that this was not an ordinary case of a stalled vehicle and ran back to call the cops. As soon as the car was in position (after much delay-- why does the highway get so busy at critical moments?) activists unloaded the drums from the truck. FOW's get-away driver then left the scene with the suspect truck (but not before almost getting stuck in the ditch!)

At this point, chaos ensued. Two vigilant officials tried to prevent the drums from going into the road, and managed to kick over two on the shoulder. The other two were placed and FOW's fire safety agent ignited the contents with flares. Not satisfied with kicking over only two drums, one of the officials grabbed our banner and knocked over a burning drum in the middle of the highway. The contents spilled out, and what began as a safe, contained fire quickly became an uncontrolled mass of flame and black smoke. The highway was ablaze!

FOW's fire safety agent was not impressed.

Having caught all the action on film and video, the Friends of the Wolf were pleased to acknowledge the assistance of the Yukon Government officials in the campaign to end the wolf kill. The same guy who was having so much fun kicking over the drums, perhaps sensing the danger of being caught red-handed on film, proceeded toward one of FOW's media agents and attempted to grab his camera. While the photographer dropped to the ground to protect himself and his gear from the ensuing punches and grabs, FOW's videographer approached and the official backed off.

For some strange reason the Royal Canadian Mounted Police (RCMP) could not find any witnesses to the initial set up of the action. Perhaps knowing that acts of mischief and assault were recorded on film and video, the station officials thought it best to remain silent. In an act of appreciation, the media agent decided not to press charges.

A few minutes after the initial excitement, the RCMP and media showed up, the fire truck arrived a bit later. Traffic was being rerouted through the weigh station while the cops tried to grasp the situation. A full media circus was in full swing. After many stupid questions (you know the ones: "who's in charge?", "who's responsible?", "are you going away?"-- nobody, I don't know, and NO!) a tow truck was called in to remove the car, and firefighters extinguished the fires. The Alaska Highway looked like a scene of destruction and was left as slippery as an ice rink.

While the RCMP decided whether to press any charges, the entire FOW media crew escaped unnoticed, leaving the cops with no photos or videos to confiscate. Potentially incriminating footage was already safely stashed prior to the cops arrival. RCMP then "arrested" two protesters in a pathetic attempt intimidate them into giving their names. The police pressed no charges.

In a effort to save face from FOW activists running circles around them, Canada's finest stated to the press that the public should not worry about us because they have intelligence files, Oooh, scary! (Is that what that telephone repair truck sitting across the street for the past eight days is all about?) In their statements, the RCMP made loose suggestions that locals should "take care" of FOW activists, the RCMP also compared masked activists to the KKK. A few days later, an activist's car was egged and had three of its tires slashed. A threatening note was also left behind.

FOW blockaded and occupied the Alaska Highway, the only throughway in this area, for over an hour. The story aired prominently in all the media, going national on CBC (the FOW campaign and the wolf kill issue is a daily story in the local press). No arrests were made and the people of the Yukon, specifically the Yukon Territorial Government, have once again heard the message: Stop the wolf slaughter!

To better your understanding of what we're dealing with up here, here's a few factoids: grizzly bears are still hunted legally both in spring and fall. In some areas, hunters have are no limit on the number of wolves they can kill. The government leader John Ostashek is a former guide outfitter who has been documented as hunting at unsustainable levels. He has sold his outfitting operation to his son-in-law, and it happens to be located exactly where some of the wolf kill is taking place. To top it all off, hunters can turn in their moose antlers and lower jaw bone into the Dept. of Renewable Resources and receive a hat badge or a spill-proof coffee mug! Welcome to the 7-11 of wildlife management!

FOW arrived in the Yukon in early December to prepare for the third year in this campaign. To their surprise, it was unclear if the wolf slaughter would continue. Boldly making the first move, FOW offered a 5,000 dollar reward for current inside information on the Department of Renewable Resources plans to eradicate the wolves of the Aishihik. This tactic forced the government to take a stand; within two days the Yukon government announced its plans to continue the slaughter.

Friends of the Wolf has set up a base house in Whitehorse, population 18,000. The wolf kill zone is approximately 4 hours away. FOW's field agents go on recon missions to area airports every morning that flying is likely, and the group is organizing back country forays on snowmobiles. The Cold Mountain, Cold Rivers video team is here to document the campaign, and Lighthawk may be here soon to lend their air support. An international tourism boycott has started, with pressure coming from groups and individuals from the US and Europe. And, of course, direct intervention in the wolf kill will take place as the opportunities present themselves.

The kill could go on until the end of February, and activists are encouraged to come up and help out. Most gear, all food, balaclava is provided. Interested folks can call and leave a message on our voice mail (604) 290-9256 for more details on travel.


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